Republic of the Philippines REGIONAL TRIAL COURT Branch ___ Davao City

FE S. TUADLES - versus -

Plaintiff,

Civil Case No. ___________ For: Indemni ! "or Dama#es and

A orne!$s Fees AURELIO LA%A& AURELIO LARA and'or ULTRA S(EED )AC*INE S*O( and A$S )ETAL (RODUCTS& and +ONIFACIO CRU, Defendants. x ------------------------------------ x

(RE-TRIAL +RIEF OF T*E (LAINTIFF CO)ES NO-& the Plaintiff, through counsel and unto this Honorable Court most respectfully submits this Pre- rial Brief, to !it" I. +RIEF STATE)ENT OF FACTS

Defendant Cru# is the registered o!ner of the Cimarron $eepney vehicle sub%ect of this case, !hich he brought his to &' R( )peed *achine )hop and (+s *etal Products for repair, He left the said vehicle at the shop but defendant 'axa drove the said vehicle in going to the beach, -ne of his passengers !as Romeo uadles, plaintiff.s husband, /n driving bac0 from the beach, defendant 'axa driving rec0lessly and negligently lost control of the vehicle !hile negotiating a curve causing it to turn turtle resulting in the death of Romeo uadles, By reason of her husband+s untimely death, complainant lost her main source of support and is left !ith no other substantial means to support herself and their family since it is the

employment of her husband !hich is their primary source of income, *oreover, complainant suffered sleepless nights, mental anguish, emotional suffering, and psychological distress because of the death of her husband, Complainant has also incurred funeral and burial expenses in the total amount !as sent of NINET. FI/E T*OUSAND (ESOS 0(12&3334 !hich complainant demanded from defendant Cru# through a demand letter !hich by her counsel to the latter ho!ever, defendant Cru# promptly denied liability and refused to accede to complainant+s demand, 1urther, complainant tried to resort to extra%udicial means to obtain indemnification for her husband+s death by bringing the matter before the 'upong agapamayapa of Brgy, *intal but to no avail, thus compelling plaintiff to institute the present action, II. STI(ULATION OF FACTS

he Plaintiff stipulates the follo!ing facts" 2, hat Defendant (urelio 'axa !as the one !ho drove the vehicle rec0lessly and negligently !hile negotiating a curve !hich caused the vehicle to turn turtle resulting in the death Romeo uadles, 3, hat Defendant (urelio 'ara is the o!ner of 'axa at the time of the incident, 4, hat Defendant Bonifacio Cru# is the registered o!ner of the car driven by defendant 'axa !hen the accident occurred, 5, hat on December 36, 3727, defendant Cru# brought his vehicle to &' R( )peed *achine )hop and (+s *etal Products for repair and left the said vehicle at the shop, 8, hat on $anuary 3, 3722, 'axa, a driver of (+s *etal Products, &ltra )peed

*achine )hop and (+s *etal Products and employer of defendant

drove the said vehicle in going to the beach and in going home he rec0lessly and negligently lost control of the vehicle !hile negotiating a curve causing it to turn turtle resulting in the death Romeo uadles 9, hat defendant Cru# received the demand letter sent to him by complainant through counsel for the expenses but he refused to accede to complainant+s demand, :, hat the matter !as brought before the 'upong agapamayapa of Brgy, *intal but, no amicable settlement !as reached by the parties,

III.

ISSUE

;hether or not defendants are liable to pay plaintiff, be it %oint, solidary, or individual responsibility,

I/.

E/IDENCE TO +E (RESENTED

A. DOCU)ENTAR. E%*I+ITS TO +E )AR5ED Des6ri7 ion *arriage Certificate of 1e uadles and Romeo uadles -fficial Receipt and Certificate of Registration of the sub%ect vehicle (ur7ose to prove that plaintiff and Romeo uadles !ere indeed legally married to prove that defendant Cru# really o!ned and is the registered o!ner of the vehicle at the time of the accident to prove the death of plaintiff.s husband to prove that after the incident, the police investigated the scene of the occurrence and found out that it !as the negligent act of

Death Certificate of Romeo uadles Police Report

Receipt for the funeral and burial expenses Demand 'etter addressed to Defendant and Certification that the same !as personally received

defendant 'axa that caused the accident !hich led to the death of plaintiff+s husband to prove the expenses incurred by the plaintiff for the burial and funeral of her husband to prove that plaintiff had resorted to extra%udicial means of compelling defendant to settle her personal obligation, to no avail,

+. ORAL TESTI)ONIES TO +E (RESENTED -ITNESS 1e uadles (UR(OSE OF TESTI)ON. o prove that she is the !ido! of Romeo uadles and other matters regarding the incident that are !ithin her personal 0no!ledge o prove that the incident occurred primarily by reason of defendant 'axa+s negligence o prove that the use of the vehicle !as !ith the 0no!ledge and consent of the shop o!ner, defendant (urelio 'ara

*arco Bragan#a

/.

LA-S AND 8URIS(RUDENCE

2, Civil Code of the Philippines, particularly (rticles 32:9, 32:6, 32<7, 3265, 3373, 3378, 3379, 337<, 3325, 332:, 3326 and other applicable provisions= 3, )ulpicio 'ines, /nc, vs, Curso >?,R, @o, 28:776= *arch 2:, 3727A 4, ',?, 1oods Corporation vs, (graviador >?,R, @o, 28<668= )eptember 39, 3779A 5, Plaintiff reserves the right to cite other la!s and %urisprudence

applicable to this case as the case progresses,

/I.

-ILLINGNESS TO ENTER INTO A)ICA+LE SETTLE)ENT

Plaintiff is still !illing to enter into an amicable settlement !ith defendantBs on %ust and reasonable terms and conditions, RES(ECTFULL. SU+)ITTED. Davao City, Philippines, *arch <, 3722,

Assis ed 9!:

GALUA AND ASSOCIATES LA- FIR) Counsel for the Complainant

Door 475 4rd 1loor /mperial Bldg C,*, Recto )t,, Davao City el, @o, 36:-<395

ATT.. DIADE) D. GALUA

P R @o, 69:9435, 72B74B22, D,C, /BP @o, 92984<, 72B74B22, D,C, R-'' @o, 82565 *C'C Compliance @o, //-7725685, $an, 24, 3776 *C'C Compliance @o, ///-7723<59, (pril 29, 3727

ATT.. S*ERR.L 8O. N. CASTILLO

P R @o, 69:9438, 72B74B22, D,C, /BP @o, 929846, 72B74B22, D,C, R-'' @o, 82568 *C'C Compliance @o, //-7725688, $an, 24, 3776 *C'C Compliance @o, ///-7723<5:, (pril 29, 3727

ATT.. RODIL S. FLANCIA

P R @o, 69:9439, 72B74B22, D,C, /BP @o, 929857, 72B74B22, D,C, R-'' @o, 82569 *C'C Compliance @o, //-7725689, $an, 24, 3776 *C'C Compliance @o, ///-7723<5<, (pril 29, 3727

ATT.. CAR)EL ROSA)E A. )ILLE,A

P R @o, 69:943:, 72B74B22, D,C,

/BP @o, 929852, 72B74B22, D,C, R-'' @o, 8256: *C'C Compliance @o, //-772568:, $an, 24, 3776 *C'C Compliance @o, ///-7723<56, (pril 29, 3727

Copy Furnished:

+L)S LA- FIR) Counsel for the Defendant )econd 1loor, &CPB Bldg, *agsaysay (ve,, Davao City el, @o, >7<3A 36: D 2:8:
Received By" _______________ Date Received" ______________